After looking at the report it looks like Tesla ran into the same issue we did in the 2007 DARPA Urban Challenge. The trailer was higher than the front facing sensors. We and most other teams had all assumed 'Ground Based Obstacles' meant that any obstacles on the test track would make contact with the ground in the lane of travel. DARPA decided to put a railroad bar across the street and expected cars to back up and…
I don't understand why the paradigm isn't about full volumetric prediction .. is it because people were too tired of solving all other issues (surely possible at the time of DARPA challenge, but Tesla had time and money since); or hardware limits (like scanning a larger area would impede signal quality or make processing too heavy ..)
Other companies are being even more cautious; Ford isn't putting autonomy on the road until 2021. In the meanwhile Tesla can sell products as Level 2, and perhaps should do so until roads are as safe as commercial aircraft.